Welle v. . Celluloid Co.
New York Court of Appeals
Appeal from a j udgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 1, 1900, affirming by a divided court a judgment for the defendant entered upon a dismissal of the complaint at Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Whether the plaintiff had equal knowledge with the defendant of the risks, and assumed it, was a question for the jury.
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Appeal from a j udgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 1, 1900, affirming by a divided court a judgment for the defendant entered upon a dismissal of the complaint at Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Whether the plaintiff had equal knowledge with the defendant of the risks, and assumed it, was a question for the jury. (Daley v. Union Dry Dock Co., 29 N. Y. Supp. 1063; 151 N. Y. 649; Johanssen v. Eastmans Co., 44 App. Div. 270; 168 N. Y. 648; O'Maley v. Light Co.,…
1Opinion of the CourtCullen, J.
The action is brought by servant against master to recover damages for personal injuries alleged to have been caused by the negligence of the latter in furnishing unsafe and improper tools for use in the work. The details of the operations required in the manufacture of the defendant’s product it is unnecessary to recite further than to, say that large quantities of paper or pulp were treated with a mixture, of nitric and sulphuric acid. The paper was put in an iron cylinder or circular pot about three feet high and eighteen inches in diameter. The acid was then poured into the cylinder,…
2Cases cited4 opinions
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Davidson v. . CornellNew York Court of Appeals · 1892
- Del Sejnore v. . HallinanNew York Court of Appeals · 1897
- In Re the Estate of BaldwinNew York Court of Appeals · 1902
3Cited by9 opinions
- Larson v. . Nassau Electric R.R. Co.New York Court of Appeals · 1918
- Jenks v. . ThompsonNew York Court of Appeals · 1904
- National Steel Co. v. HoreCourt of Appeals for the Sixth Circuit · 1907
- Alpha Portland Cement Co. v. CurziCourt of Appeals for the Second Circuit · 1914
- Adlam v. KonvalinkaNew York Court of Appeals · 1943
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